On October 1st 2021, a new bill on court fees, The Danish Court Fees Act ("Act"), entered into force and amended the previous Act on court fees, adopted in 1969. The general purpose of the new bill is to simplify existing rules on civil court fees, making the Act more comprehensible and applicable to private individuals as well as public entities.
According to the former Act, The Danish Court Fees Act of 1969, civil court fees were calculated by adding a fixed fee and a variable fee determined by the size of the claim of the case. From October 1st 2021 the calculation of civil court fees will solely be based on fixed fees determined by the size of the claim as shown in the schedule below.
|Size of the claim (DKK)||court fees (DKK)|
In addition to amending how the court fees are assessed, the Act also amends the point in time when the court fees are due for payment.
As a law suit is filed with the civil courts, the initial court fee (the fee connected with initiating a case before the civil courts) to be paid by the plaintiff is DKK 1,500 regardless of the size of the claim according to the Act. The exception hereto applies to civil proceedings where the size of the claim cannot be determined or does not surpass DKK 100,000. The initial court fee for cases that fall under the exception is DKK 750. According to the Act of 1969, the initial court fee was calculated by adding a fixed fee with 1,2 % of the size of the claim. In cases with sizable claims, the initial court fee could greatly exceed DKK 1,500.
In other words, the initial court fee to be paid for civil proceedings with sizable claims filed after October 1st 2021 will be lower than the initial court fee stipulated by The Danish Court Fees Act of 1969, providing incentive to initiate civil proceedings.
The Act is designed to motivate the plaintiff and the defendant to settle the case before the main hearing with the civil court given that the main hearing fee (the fee for establishing the main hearing) will be reimbursed if the case is repealed or cancelled at least two weeks before the main hearing. According to The Danish Court Fees Act of 1969, the time limit was least six weeks before the main hearing for the main hearing fee to be reimbursed, and by amending the time limit from six weeks to two weeks, the parties have more time to agree on an amicable solution.
As a result, the plaintiff solely has to pay the initial court fee of DKK 1,500 for civil proceedings initiated after October 1st 2021 if the case is repealed at least two weeks before the main hearing.
The Act does not apply to civil proceedings initiated before October 1st 2021.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.